HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.39981 of 2014 Date:27.12.2014 Between: K.Vijaya, W/o Ganesh Babu . Petitioner And:
The State of A.P., reptd by its Principal Secretary, Civil Supplies Department, Hyderabad and three others.
. Respondents Counsel for the Petitioner: Sri S.V.Muni Reddey Counsel for the Respondents: AGP for Civil Supplies (AP) The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to declare the action of respondent No.4 in forcing the petitioner to submit her resignation as the fair price shop dealer of Shop No.28 of Rajulakandriga Village, Nagalapuram Mandal, District and that of respondent No.3 in accepting the resignation, vide his proceedings in D.Dis.No.K/2843/2014, dated 19.11.2014, as illegal and arbitrary. The petitioner sought for a consequential direction to the respondents to continue her as the fair price shop dealer.
I have heard Smt S.V.Buvaneswari, learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies (Andhra Pradesh).
The petitioner had been functioning as the fair price shop dealer on permanent basis for the last 12 years. She appeared to have submitted her resignation to respondent No.4. Respondent No.4 has, in turn, forwarded the petitioner's resignation to respondent No.3. By the impugned proceedings, dated 19.11.2014, respondent No.3 has accepted the petitioner's resignation.
The petitioner has averred that on the pressure exerted by the Deputy Tahsildar, Civil Supplies, she was forced to resign and that, at his instigation, respondent No.4 has forwarded the resignation to respondent No.3. She has further averred that the resignation submitted by her was not voluntary and that on the contrary, the same was forcibly obtained.
A perusal of the impugned order shows that it eloquently speaks of the petitioner's integrity as the fair price shop dealer and also reveals that respondent No.4 was truthful in submitting his report while forwarding the petitioner's resignation. The contents of the said report, which are reproduced in the impugned order, would reveal that the petitioner has been distributing the essential commodities for the last 12 years to the card holders without any complaint and that due to the politics in the village, 62 card holders have refused to take kerosene for the month of July, 2014, as a result of which, the undistributed kerosene stock of 117 litres was kept as the closing balance. Respondent No.4 further reported that disgusted with the village politics, the petitioner has submitted her resignation.
Indeed, this Court wonders at the short sighted approach of respondent No.3 in accepting the petitioner's resignation, despite the fact reported by respondent No.4 that the petitioner's resignation was ignited by the petty village politics. If respondent No.3 was rational in his approach, either he should have summoned the petitioner and counselled her not to press her resignation or at least directed respondent No.4 to undertake this task.
It is common knowledge that many of the fair price shop dealers are tainted. In such an atmosphere if a dealer is found to be functioning with absolute integrity, the State cannot afford to loose him/her. I am, therefore, of the opinion that acceptance of the petitioner's resignation by respondent No.3, knowing thoroughly well that the same was not submitted voluntarily, but due to the unreasonable act of a group of card holders, reflects on his poor judgment.
For the above-mentioned reasons, the Writ Petition is allowed and the impugned proceeding, vide D.Dis.No.K/2843/ 2014 dated 19.11.2014, of respondent No.3 is set aside. The fair price shop authorization of the petitioner shall stand immediately resorted. Respondent Nos.3 and 4 are directed to permit the petitioner to resume her duties as the fair price shop dealer by releasing the essential commodities to her for distribution.
As a sequel to disposal of the Writ Petition, W.P.M.P.No.50127 of 2014 filed by the petitioner for interim relief is disposed of as infructuous.
27th December 2014 DR JUSTICE C.V.NAGARJUNA REDDY